Response

These are the criteria for obc non creamy layer For the jobs under the Central Government, if the parents of an applicant entered the service as Class I officer before the age of 40 (direct recruitment), the applicant is considered as a creamy layer.

Also, if both the parents of the candidates entered into service as class II officers, before the age of 40 (direct recruitment), and entered into the service before the age of 40, the applicant is considered as a creamy layer.

Who comes under Non-Creamy Layer OBC?
Except for the above children of the above-mentioned employees, almost all get the benefit of ÒNon-Creamy LayerÓ Status.
If your parents are not directly recruited Class1 (Group A) or Class2 (GroupB) officers OR they do not occupy any constitutional posts (like that of President, Vice President, Governor, etc) you are most likely to fall under Non-Creamy Layer OBC
.
If your parents are not employed by the government, their income should be within the limits by the government to be treated as Non-Creamy Layer OBC.
Income Limit of determining the Non-Creamy Layer Status of OBCs

To qualify as an OBC non-creamy layer candidate, the applicantÕs parentsÕ annual income should be less than Rs. 8 lakhs.

Salary and agricultural income are not to be considered as income for calculating annual income for creamy layer status. As far as the Government employees are considered, the entry cadre/post is to be taken into consideration
.
While applying the ÒIncome/Wealth TestÓ to determine the creamy layer status of any candidate, income from the salaries and income from the agricultural land shall not be taken into account. It means that if income from other sources other than the salary and agriculture exceeds the income limit, then only the candidates shall be treated as Creamy Layer.

Note: When the creamy layer concept was introduced, the income limit was set at Rs 1 lakh per annum (1993). Thereafter, it was raised to Rs 2.5 lakhs p.a (2004). It was subsequently increased to Rs 4.5 lakhs p.a. in 2008 and then to Rs 6 lakhs p.a in 2013. The current limit is Rs.8 lakhs per annum.
Usually, the Non-Creamy Layer Certificate is issued by the Tahsildar of the concerned State Government. The procedure for obtaining the Non-Creamy Layer Certificate may differ from State to State.

Reference: Article 340 in The Constitution Of India 1949
340. Appointment of a Commission to investigate the conditions of backward classes
(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission
(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament

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LAWAYZ-2023-180